JUDGMENT

BALAKRISHNA ERADI, J. :— This is an appeal by special leave against the judgment of the High Court of Punjab and Haryana dismissing the appeal filed by the appellant herein, against his conviction by the Addl. Sessions Judge, Patiala under Sections 302 and 307 Indian Penal Code.

2. Hazur Singh (PW 5) had two sons, Devinder Pal Singh (deceased) and Varinder Pal Singh (PW 6). The appellant Jaspal Singh had taken a loan of Rs. 1500/- from the deceased Devinder Pal Singh sometime prior to the date of the occurrence which led to the present prosecution. On July 16, 1983 at about 7.30 p.m. Devinder Pal Singh and Varinder Pal Singh (PW 6) left their house for an evening walk. When they came towards the market area where the appellant was running a restaurant the deceased called the appellant out of his business premises on to the road and demanded a return of his money. Apparently the appellant did not relish this and he abused the deceased whereupon the deceased protested against the said conduct of the appellant. This led to an altercation, in the course of which the deceased is said to have pushed the appellant resulting in the appellant falling down on the road. In the meantim